Special Education Law Blog

From Teasing to Torment: New National Report on School Bullying

A recent national survey has shown that fully two-thirds of high schoolers have experienced physical harassment and bullying in school, and the vast majority of these incidents are not reported to school personnel.  The majority of these incidents center on two primary areas: whether a student looks different from the norm in some way, and whether the student is perceived to be gay, lesbian or bisexual.  This survey brings to the fore some difficult realities for children with disabilities in high school. Very often, a student with a disability looks different or acts different in some way.  Whether the disability is autism, NVLD, a physical challenge or an attentional issue, the differences are there (though some more obvious than others). Moreover, if that same student is perceived to be other than heterosexual, the student will likely suffer a double dose of harassment and abuse.

Recent Elopement in School Is a Dangerous Problem Needing Proactive Solution

On October 14, 2005, the Seattle Times published a news story about two boys with autism, ages 7 and 8, who were  missing from Kokanee Elementary school for two hours before they were found walking near Interstate 405.  They were picked up three miles from school by a school bus driver who had been alerted that the students were missing and a KIRO-TV reporter who was in the area reporting on the story.  Washington State Patrol troopers were also out searching for the boys after several motorists called 911 to report seeing two young boys wandering the freeway.

Exceptions to the Illinois School Immunization Law

Illinois law provides for exceptions to the requirement to have your child immunized prior to entering school.  The statutory deadline for providing proof of immunization is October 15 or such earlier date as the school designates, unless the parent files an objection based upon religious grounds or registers a medical objection signed by a doctor.  See 105 ILCS 5/27-8.1 and Ill. Adm. Code 695.30.  The medical or religious objection is then filed with the State for its approval.  In the event the objection is found insufficient, the child will face exclusion from school until compliance is accomplished.

While personally, I am not taking a position either for or against immunizations (that is an individual and/or medical decision), parents need to know how they can opt out of the requirement of immunizations in school.  Too often, parents either find themselves in a last minute crunch because the school did not give timely notice, or the parent provided a medical objection and the school found the letter to be insufficient.   I am attaching a form (in pdf format) that should be sufficient for the school and the State health authorities in most cases, so parents will not have to reinvent the wheel each year.  I cannot represent that this form will work in every case; my strong suggestion is to file it early in the year to allow parents time to provide any additional documentation to invoke the immunization exception. Click here to download the form.

Beware the Medication Dilemma

Since 2000, the Illinois State Board of Education (“ISBE") has published guidelines for medication administration in schools.  A .pdf version of the policy is available in detail here . Much of the policy is as expected: medications, whether over-the-counter or prescription, can only be dispensed by the duly qualified school nurse.  Medications must be properly labelled.  Controlled substances must be kept in a locked cabinet that is “securely affixed to the wall."  In addition, “Nurses have the right and the responsibility to decline to administer a medication if they feel it jeopardizes student safety."  In such an event, the parent or guardian, doctor and administrator must be notified.